Rockwell v. Daniels
Wisconsin Supreme Court
error to Walworth circuit court. This was an action of assumpsit, commenced in tbe name of tbe defendants in error, for the use of Jacob A. Young, against the plaintiff in error, before H. Latham, Esq., a justice of the peace for said county, to recover tbe balance alleged to be duo upon a certain subscription hereinafter set forth.
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error to Walworth circuit court. This was an action of assumpsit, commenced in tbe name of tbe defendants in error, for the use of Jacob A. Young, against the plaintiff in error, before H. Latham, Esq., a justice of the peace for said county, to recover tbe balance alleged to be duo upon a certain subscription hereinafter set forth. The statement of tbe cause of action was in writing, and as follows: [Title of the suiti\ “ Tbe defendant will take notice, that this suit is brought against you as a party to a certain contract entered into by and between the said plaintiffs and the said…
1Opinion of the Court
By the Court,
Smith, J.
It will be admitted by all, that Young, the plaintiff in interest, took the assignment of the subscription-paper, subject to all the equities between the original parties at the time of the assignment. It was a mere chose in action, not assignable at law, and could not be sued upon in the name of the-assignee. The subscription was for one hundred dollars, payable in quarterly installments, the last of which became due in one year. The contract of Hemmenway and Daniels required them-to complete the mill within one year ,* to wit, by the 25th day of J'ul'y, 1852. On the…
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- Apple v. EdwardsMontana Supreme Court · 1932
- State ex rel. Patterson v. WenzelNebraska Supreme Court · 1898
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